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2023 Supreme(Bom) 1075

S. G. DIGE
Shriram General Insurance Company Ltd. – Appellant
Versus
Kashibai Dhondiba Shidruk – Respondent


Advocates appeared:
Nikhil Mehta, Advocate

JUDGMENT

S. G. Dige, J. - Heard learned counsel for appellant.

2. The issue involved in this appeal is non involvement of vehicle and negligence of deceased.

3. It is contention of learned counsel for appellant that the accident was occurred on 7th February 2011, whereas the FIR was registered on 9th February 2011, there was delay of 2 days it shows the false involvement of the vehicle, but this fact is not considered by the Tribunal and has awarded the compensation, which is improper. Accident was occurred due to sole negligence of deceased but it was not considered by the Tribunal. Hence, requested to allow the appeal.

4. I have heard learned counsel for appellant, perused judgment and order passed by the Tribunal.

5. It is contention of learned counsel for appellant that offending vehicle was not involved in the accident. It appears from the record that on 7th February 2011 at about 7 pm. deceased Ramchandra was proceeding from Ganesh temple to Gudhe Vaichalwadi via Talmavale to Pawarwadi road, at that time jeep No. MH-11-H-6023 came in a high speed and dashed to deceased Ramchandra. Due to said dash, Ramchandra sustained multiple grievous injuries and he succumbed to his injuries wh

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